LAW OFFICE OF DARREN WEISS
LAS VEGAS NEVADA DUI DEFENSE
I help Clark County and Nye County, Nevada citizens fight accusations of DUI, including:
- misdemeanor DUI
- felony DUI
- DUI of drugs
- DUI of marijuana
- DUI with substantial injury, and
- vehicular manslaughter.
Every person starts their case with a presumption of innocence. It is the states duty to allege and prove the charges against you. A DUI charge may seem so straight forward you feel there’s no way to win. That’s when you need to seek the advice of an experienced professional. There are many constitutional and statutory safeguards to protect the rights of citizens like you and me. The police certainly won’t give you the best advice and maybe not even a public defense attorney (PD). It’s not that the PD’s office is incompetent, it’s simply that their caseload is simply too large to give your case the attention it deserves. Conviction and drivers license revocation are not inevitable.
Did you know that:
- Lazy, Poorly trained, or incompetent law enforcement officers frequently make serious mistakes in their investigations?
- There are a host of rules and laws surrounding Breathalyzers and blood testing failure to follow procedures can result in false readings or make the test inadmissible in court?
- There are Medical conditions such as diabetes or acid reflux disease that can lead to false blood alcohol readings?
A good DUI attorney looks at these issues and MANY MORE to find ways to protect their client and win.
I’ve helped innumerable clients get their charges reduced or dismissed altogether, and to keep their driving privileges intact. Call or text me at 702-358-8572 or click the red box in the upper right hand corner for a free evaluation of your case.
For more answers to specific questions, visit our DUI Offense Index.
In Nevada, there are really two cases, not just one.
An arrest for DUI results in two separate proceedings in two separate courts.
- Criminal Case: Criminal Allegations start in either a small city court, or the larger county court depending on where the incident took place. The actual City of Las Vegas is much smaller in reality than most people would guess.
Upon release from jail, a police officer generally provides you a citation to appear in court at a later date to enter a plea, find out who your attorney will be, and deliver to you the official charges. These charges may or may not be the same as what the police booked you under. If you have a private DUI attorney, for a misdemeanor DUI, your lawyer can appear for you at the first hearing. Always confirm with you attorney if you will need to be present.
Your attorney will obtain a copy of the charges, and any evidence to be used against you. This would include the results of your blood or breath tests, police report, videos or any other evidence the State intends to use against you. Only after review of this evidence can the attorney finally fully evaluate your case and begin discussions with the City Attorney or the Clark County District Attorney in an effort to get the charges reduced or dismissed. If an agreement with the prosecutor is reached you will not need to go to trial. The vast majority of cases are resolved without trial but if an agreement cannot be reached, you are entitled to a trial where it may be possible to be found not guilty.
If convicted, first offence DUI penalties include:
- $400 to $1,000 in fines, plus court administration fees;
- A one day or online DUI School;
- attendance at a live Victim Impact Panel;
- 2 days to 6 months in jail; and
- a 90-day drivers license revocation (learn more about a restricted license). (Note that the law is changing for arrests after October 1, 2018, raising the revocation to 185-days.)
- Your drivers license and the DMV case
The second proceeding is an optional DMV hearing before a civil administrative judge. The only issue at this hearing is the drivers license suspension. If you or your attorney don’t set the hearing the suspension is automatic. It may be possible to win the hearing and avoid the license suspension. These hearings are more difficult to win because the standard of proof is substantially lower than in the criminal court. (Learn more about the DUI hearings.)
Fighting a Nevada DUI Case
Nevada police are generally required to follow a certain procedure in investigating a DUI case, they can not proceed to the next step if there is no reason to do so. If they do continue the investigation without cause, any evidence gathered after that point may be thrown out. Officers often make mistakes and prosecutors are stuck dealing with the errors:
- There must be probable cause to stop you in the first place.Merely saying you looks suspicious in not enough to pull someone over legally.
- There then must be some further reason to further investigate, the officer usually states the suspect smelled like alcohol, had slurred speech, had bloodshot or watery eyes, or behaved in a suspicious manner,
- At that point the officer can ask the suspect to perform the roadside sobriety tests, and
- finally ask the accused to submit to breath test or blood test. Note that in Nevada, you consented to this testing when you acquired your drivers license. If you fail to consent then the police must acquire a judicial warrant. This step might seem attractive but it will resukt in the automatic suspension of your drivers license for one year.
None of these steps are as simple as they appear. There are Federal and State laws that must be complied with at every stage. Accidental violations of procedures by the officer may be a violation of your rights or may make the evidence inadmissible. For example, did you know:
- Did you know that the police must establish that you were in physical control of the vehicle. They can’t assume you were because it’s your car and you were standing on the sidewalk.
- Did you know the must do the blood or breath test witin 2 hours or it can be totally thrown
- Studies have shown that trained police officers are no better than average social drinkers at discerning whether a suspect is drunk.
- There are strict procedures for how police perform field sobriety test. These procedures are frequently violated.
- Breath tests are prone to error due to medical conditions such as acid reflex, braces, cavities, dental pockets, burping, heartburn, diabetes, and certain types of diets.
Other articles of interest:
I’m Here to Help…
Talk to a competent attorney before making any important decisions. Penalties may be reduced or charges can be dismissed. Ultimately, the decision to settle or fight your case is up to you, but you need an attorney in your corner to tell you straight up where you stand.
I handle many types of cases but primarily:
and Felony DUI.
I practice in all the local City Courts (Las Vegas, North Las Vegas, Henderson, Bolder City and Pahrump) as well as Clark and Nye County courts, including the Regional Justice Center and Federal Courts in downtown Las Vegas.
If you are facing a DUI or related charge, I invite you to meet with me for a free case evaluation. You owe it to yourself to give yourself every advantage possible. Most people accused of DUI are not Criminals, many are people that just made a simple mistake.
Call or text me today. 702-358-8572
Nevada DUI Law, A-to-Z
Ambien or Lunesta DUI
Auto insurance issues
Avoiding a license suspension
Checkpoints for DUI
Chemical test refusals
Cycling under the influence (CUI)
Horizontal gaze nystagmus (HGN)
Ignition interlock device (IID)
One-legged stand (OLS)
Prescription drug DUI
Prescription painkiller DUI
Preliminary breath test (PBT)
Reducing DUI to careless driving
Reducing DUI to reckless driving
Rising blood alcohol
Sealing DUI criminal records
Second DUI license revocation
Second time DUI in Nevada
Signs police look for
Sleep Aids and Medications (DUI on Ambien, Lunesta and similar medications
Taking DUI case to trial
Temporary and restricted driver's licenses
Third DUI license revocation
8275 S. Eastern Ave, #200, Las Vegas, NV 89123
None of these materials is offered, nor should be construed, as legal advice. Communication of information by or through this web site and your receipt or use of such information is not intended to create an attorney-client relationship. The creation of the attorney-client relationship would require direct, personal contact between you and my fand would require an explicit agreement by the firm that confirms that an attorney-client relationship is established and the terms of that relationship. You should not act or rely upon information contained in these materials without specifically seeking professional legal advice.